Notification types and timeframes

Approved providers are required to notify the regulatory authority about incidents, complaints and changes to information. This page outlines notification types and timeframes, including where there’s a change from 1 October 2017.

NOTE: Approved providers, educators and other education and care service staff may also be required to report on incidents or suspected incidents involving children under other State and Territory laws including child protection legislation.

Reference	Type of Notification	1 Oct 2017 change / no change	Responsibility	Timeframe
Change to information about approved provider
Section 173(1)(a)	Notice of change in name of approved provider	No change	Approved provider	Within 14 days
Section 174(1)(b) Regulation 175(1)(a)	Change to address, principal office* or contact details of approved provider * Note this is distinct from the obligation on family day care services to notify of change in location of principal office under s173(2)(e) (see below)	No change	Approved provider	Within 7 days
Section 174(1)(a)	Any change relevant to approved provider’s fitness and propriety	No change	Approved provider	Within 7 days
Section 173(1)(b)	Notice of any appointment or removal of a person with management or control of service	No change	Approved provider	Within 14 days
Section 174(1)(b) Regulation 175(1)(b)	The appointment of receivers or liquidators to the approved provider or any matters that affect the financial viability and ongoing operation of the service	No change	Approved provider	Within 7 days
Section 39(2)	Death of approved provider	No change	Nominated supervisor or person in day to day control	Within 7 days of the death
Change to information about education and care service
Section 173(1)(c)	A failure to commence operating within 6 months (or within the time agreed with the regulatory authority) of being granted a service approval	No change	Approved provider	Within 14 days
Section 173(2)(a) Regulation 174(1)	Suspension or cancellation of a working with children card or teacher registration of a nominated supervisor, or disciplinary proceedings of a nominated supervisor under an education law	No change	Approved provider	Within 14 days
Section 174(2)(c) Regulation 175(2)(a)	Any change to the hours and days of operation of the service	No change	Approved provider	Within 7 days
Section 173(2)(e)	A change in the location of the principal office of a family day care service	Change of notification timeframe	Approved provider	At least 14 days before the change will occur
Section 56	Adding nominated supervisor(s)	Previously only one nominated supervisor permitted per service	Approved provider	At least 7 days prior to commencement (or as soon as practicable but no more than 14 days after commencement)
Section 173(2)(b)	A nominated supervisor is no longer employed at the service, is removed from the role or withdraws consent to the nomination	Change	Approved provider	Within 7 days
Section 173(2)(c)	Any proposed change to the premises (other than a family day care residence)	No change	Approved provider	Within 7 days
Section 59 Regulations 36 & 37	Intention to transfer service approval	No change	Transferring approved provider and receiving approved provider	At least 42 days before transfer
Section 173(2)(d)	Ceasing to operate the education and care service	No change	Approved provider	Within 7 days
Incidents and Complaints
Section 174(2)(a) Regulation 12 Regulation 176(2)(a)(i)	Serious incident - Death of a child	No change	Approved provider	As soon as practicable, but within 24 hours
Section 174(2)(a) Regulation 12	Serious incident - Any incident involving serious illness of a child while being educated and cared for which the child attended or ought reasonably to have attended a hospital	Previously included attention from a medical practitioner	Approved provider	Within 24 hours of the incident
Section 174(2)(a) Regulation 12	Serious incident - Any incident involving serious injury or trauma to a child while being educated and cared for which the child attended or ought reasonably to have attended a hospital, or a reasonable person would consider that the child would require urgent attention from a registered medical practitioner	No change	Approved provider	Within 24 hours of the incident
Section 174(2)(a) Regulation 12	Serious incident - Any emergency for which emergency services attended	Change to clarify attendance only in the case of an emergency	Approved provider	Within 24 hours of the incident
Section 174(2)(a) Regulation 12	Serious incident - A child is missing or cannot be accounted for or appears to have been removed from the premises by a person not authorised by a parent	No change	Approved provider	Within 24 hours of the incident
Section 174(2)(a) Regulation 12	Serious incident - A child is mistakenly locked in or out of the premises or any part of the premises	No change	Approved provider	Within 24 hours of the incident
Section 174(2)(b) Regulation 12	Any complaint alleging that a serious incident has occurred or is occurring at an education and care service, or the National Law has been contravened (refer to Serious Incidents outlined in table above)	Change	Approved provider	Within 24 hours of the complaint
Section 174(2)(c) Regulation 175(2)(b)	Any incident that requires the approved provider to close, or reduce the number of children attending the service for a period	No change	Approved provider	Within 24 hours of the incident
Section 174(2)(c) Regulation 175(2)(c)	Any circumstance at the service that poses a risk to the health, safety or wellbeing of a child attending the service	No change	Approved provider	Within 7 days
Section 174(2)(c) Regulation 175(2)(d)	Any incident where the approved provider reasonably believes that physical or sexual abuse of a child or children has occurred or is occurring while the child is being educated and cared for by the service	New requirement	Approved Provider	Within 7 days
Section 174(2)(c) Regulation 175(2)(e)	Allegations that physical or sexual abuse of a child or children has occurred or is occurring while the child is being educated and cared for by the service	New requirement	Approved Provider	Within 7 days
Section 174(2)(c) Regulation 175(2)(ca)	The centre-based service is educating and caring for extra child/ren due to an emergency	No change	Approved Provider	Within 24 hours
Information for FDC Educators to report to their Approved Provider
Section 174A Regulation 12	Any serious incident while a child is being educated and cared for by the educator (refer to Serious Incidents outlined in Incidents and Complaints table above)	New requirement	FDC Educator	None specified
Section 174A Regulation 12	Any complaint alleging that a serious incident has occurred or the National Law has been contravened while a child was being educated and cared for (refer to Serious Incidents outlined in Incidents and Complaints table above)	New requirement	FDC Educator	None specified
Amending Regulation	Renovations or other changes to the FDC residence or approved venue that create a serious risk to the health, safety and wellbeing of children attending the residence or venue	New requirement	FDC Educator	None specified
Regulation 164	Any new person over 18 years who resides at the FDC residence and any circumstance relevant to whether a resident who is over 18 years is fit and proper	New requirement	FDC Educator	None specified
Notification to parents
Regulation 172	Policies: parents of children enrolled at the service are notified before making any change to a policy or procedure that may have a significant impact on the service’s provision of education and care to any child enrolled at the service; the family’s ability to utilise the service; any change that will affect the fees charged or the way in which fees are collected.	No change	Approved provider	At least 14 days prior unless a lesser period is necessary because of a risk
Section 37(3)	Voluntary suspension of provider approval: approved provider must notify the parents of children enrolled at the services operated by the approved provider.	No change	Approved provider	At least 14 days prior to application for suspension
Regulation 86	A parent of a child being educated and cared for by the service is to be notified if the child is involved in any incident, injury, trauma or illness while at the service.	No change	Approved provider	As soon as practicable, no more than 24 hours
Regulation 88	If there is an occurrence of an infectious disease at a centre-based service, the approved provider of the service must ensure that a parent or an authorised emergency contact of each child is notified of the occurrence.	No change	Approved provider	As soon as practicable
Regulation 94	If medication is administered in case of an anaphylaxis or asthma emergency, the approved provider or a nominated supervisor of the service or family day care educator must ensure that a parent and emergency services are notified.	No change	Approved provider/nominated supervisor/educator	As soon as practicable